Green v. Green
Supreme Court of Kansas
Error from Shawnee District Court. This action was commenced on the 20th day of June, 1887, in the district court, by Harriet F. Green against Oliver Green, to obtain a divorce. She filed two affidavits, upon which she attempted to make service by publication. This service was defective, and not sufficient for the purpose of the statute. Although the defendant did not appear by answer or otherwise, judgment was rendered on the 1st day of October, 1887, against him.
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Error from Shawnee District Court. This action was commenced on the 20th day of June, 1887, in the district court, by Harriet F. Green against Oliver Green, to obtain a divorce. She filed two affidavits, upon which she attempted to make service by publication. This service was defective, and not sufficient for the purpose of the statute. Although the defendant did not appear by answer or otherwise, judgment was rendered on the 1st day of October, 1887, against him. On the 3d day of October, 1887, Oliver Green filed a motion to set aside the judgment, a copy of which motion, omitting caption,…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The first question we are called upon to consider is, whether the motion which was filed by Oliver Green on October 3, 1887, and decided October 12,1887, was a special or general appearance in the action. If the appearance of a party, though called special, is upon other than jurisdictional grounds, it is a general appearance. (Burdette v. Corgan, 26 Kas. 104.) So, if a motion contests the service only and does not go beyond jurisdictional grounds, it is a special or limited appearance. The motion was presented to set aside the judgment…
2Cases cited3 opinions
- Burdette v. CorganSupreme Court of Kansas · 1881
- Reynolds v. FlemingSupreme Court of Kansas · 1883
- Branner v. ChapmanSupreme Court of Kansas · 1873
3Cited by7 opinions
- Buehne v. BuehneSupreme Court of Kansas · 1963
- Kingsbury v. Pacific Coal & Transp. Co.District Court, D. Alaska · 1906
- Whitesides v. DrageIndiana Court of Appeals · 1914
- Richard v. INDUSTRIAL TRUST COMPANYSupreme Court of Rhode Island · 1957
- Blinn v. RickettOhio Circuit Courts · 1905
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